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Madhya Pradesh High Court · body

2016 DIGILAW 66 (MP)

Komal Singh Parihar v. State of M. P.

2016-02-01

ROHIT ARYA

body2016
ORDER 1. I. A. No.665/2016, an application for deleting the name of respondent No. 4 is taken up for consideration and allowed. Counsel for the petitioner is permitted to amend the cause title in the Court itself. 2. With the consent of parties, matter is heard finally. 3. This writ petition under Articles 226/227 of the Constitution of India is directed against the order dated 28th May, 2015. Petitioner, serving as Principal, Government Girls Higher Secondary School, Lahar, District Bhind (M.P.), while serving at Government Higher Secondary School Seoda, District Datia was transferred to present place of posting in the same capacity by order dated 24.4.2015. Petitioner was relieved from Seoda school on 30.4.2015 and he joined as Principal, Government Girls Higher Secondary School, Lahar on 2.5.2015 with the orders of District Education Officer and started discharging duties as such. After 20 days, he is shown to have been transferred by the impugned transfer order from Lahar to Government Higher Secondary School, Dureha, District Satna. 4. Learned counsel for the petitioner contends that once he has executed the transfer order dated 24.4.2015 and jointed at transferred place of posting, the respondents in all fairness ought not to have cancelled the transfer order and again transferred him at Satna. It is submitted that neither there was any administrative exigency nor public interest involved in transferring the petitioner to Satna. This transfer order as a matter of fact is effectuated by extraneous consideration and therefore, the order suffers from vice of arbitrariness. This Court while issuing notice has granted stay by the interim order dated 1.6.2015. The interim order continuous to hold the field. 5. State has filed counter affidavit. It is contended that Government has prerogative to transfer its employees from one place to another. The law as regards scope of interference in transfer matters is well settled. It is contended that unless there is allegation of infraction of any statutory policy or attributes any malice against any particular person ordering transfer, no exception can be taken to impugned transfer order. Merely because petitioner had joined at Lahar School by force of order dated 24.4.2015, this by itself shall not justify the challenge to the impugned transfer order by which he has been transferred at Dureha, District Satna. With the aforesaid contention, it is submitted that writ petition deserves to be dismissed. 6. Heard learned counsel for the parties. 7. Merely because petitioner had joined at Lahar School by force of order dated 24.4.2015, this by itself shall not justify the challenge to the impugned transfer order by which he has been transferred at Dureha, District Satna. With the aforesaid contention, it is submitted that writ petition deserves to be dismissed. 6. Heard learned counsel for the parties. 7. True it is, that Government being a model employer is in a best position to organize its work force to ensure the optimum use thereof. It is presumed that State transfers its employees in public interest and to meet the administrative exigencies and an employee has a liability to serve respondents/State at such places of posting provided to him by and under the orders of the State Government. However, there has been judicial intervention in the exercise of power of transfer in matters where transfer orders so passed are found to be in violation of the statutory policy or passed mala fidely So far, the factual matrix of the case in hand reflects that petitioner in public interest was transferred from Seoda School to Lahar School by order dated 24.4.2015 as a Principal. He was relieved on 30.4.2015 and joined transferred place of posing on 2.5.2015. There having worked for over 20 days, he has been again transferred to school at Dureha, District Satna by the impugned order. This transfer order prima facie does not appear to be in public interest or in administrative exigency. Nothing is forthcoming from the counter affidavit placed on record by the State Government as to the justification for the same. Under such circumstances, petitioner is relegated back to respondents to apply their mind on impugned transfer order and for that purpose, petitioner may file a detailed representation within four weeks from today. Respondents may decide the same in next eight weeks. Till then the interim order passed by this Court shall continue. 8. Petition stands disposed of with the aforesaid direction.